Discharge

[muzze58]

My case is due to be discharged anytime now. We filed in November 2006. We haven't received any news of a discharge date. We have paid regularly into the plan on time.

My attorney says that it could be a few more months, but I thought the longest was 60 months or 5 years. The confirmation was April 2007. All the secured priority debt are 100% paid off. Only the unsecured debt is left.

I'm confused by all the final procedures concerning our case. I also want an end to this case and be able to live a normal life where I don't have to worry about squeezing by just to get a minor repair done on my car. We need new tires for the vehicle badly. Shouldn't the trustee that is handling case notify us about the discharge date? Thanks for any help concerning the finalization of our case.

[rexycar]

Hi,

I think every state is different and/or trustee. I paid my case off a little earlier than the plan called for (I was allowed to do so, some are not), but still had to wait for 9 months after final payment before my discharge came through. You can check your trustee's website for updates, which there shouldn't be a fee for, unless that has changed in the last year. I did call my lawyer at one point to ask when the discharge would come, and the response was "it should be shortly" but it was I think 3 months after that call it came. I can't think of the other website right now to check to see when court documents are filed, but that site will charge a fee. I'm somebody here on the board can remember the name of the other site, it just escapes my mind right now.

Somebody else here on the message board from your state/district might be able to give you a better idea time wise on your discharge.

Sorry I could not be of more help.

[lrprn]

My case is due to be discharged anytime now. We filed in November 2006. We haven't received any news of a discharge date.

You won't receive any notice from your trustee or the court. If you follow your Ch 13 case on 13Network or National Data Center, you will see your trustee post a status that indicates your case is getting close to discharge. You can also see the estimated last payment date as well.

My attorney says that it could be a few more months, but I thought the longest was 60 months or 5 years.

The bk law doesn't allow you to be forced to make more than 60 months or pay after all your debts that filed claims are paid 100% - whichever comes first. For the vast majority of us, that means making payments for 60 months.

Even after making 60 payments, until your trustee notifies you officially by letter that all your payments have been received or your lawyer contacts the trustee and verifies you have made all your payments, you need to keep making payments. Any extra you pay in is refunded to you by the trustee after he/she completes the mandatory audit of your case before discharge can take place.

If your discharge is getting close, ask your lawyer to contact the trustee to get an estimate of what remains to be paid and when the trustee anticipates your payments can stop. Some trustee offices are more on the ball discharging 13ers more quickly than others, so it never hurts for your trustee to get a tug on the coattails by your lawyer to get your imminent discharge on the trustee's radar.

I also want an end to this case and be able to live a normal life where I don't have to worry about squeezing by....

You *WILL* be succcessfully discharged. It's very hard when you've been paying in for such a long time and there's so little time left until your payments end. However, even after making payment #60, it is typically 2-3 months - sometimes longer - before you are finally and officially discharged. Then it can be 1-2 more months before your case is officially closed by the court.

Once you get your "all payments have been received" letter from your trustee or your lawyer tells you you can stop making payments, that's when it's ok to feel the relief and to get those car repairs you've been putting off done.

Hang in there. The Ch 13 timeline seems endless, but there is an end in sight. Keep your patience hat on a little longer. You'll be done and your Ch 13 will be a thing of the past soon - promise!